Let’s break down how separation and divorce work in Illinois. The good news? You don’t always need to wait around before filing. Here’s the deal:
When Both Parties Want Out
If you and your spouse agree the marriage is dead in the water, you can file immediately. There is no waiting period. There is no mandatory separation. Just fill out the paperwork and get the ball rolling.
When One Spouse Objects
Things get a bit trickier if your spouse contests the divorce. In this case, Illinois law says living “separate and apart” for six months is enough to prove your marriage is kaput. And get this – you don’t even need separate addresses. Living in different parts of the same house or maintaining separate lives counts.
According to 750 ILCS 5/401(a), the Court shall enter a judgment of dissolution of marriage when:
- The Court finds that one of the parties has resided in Illinois for 90 days preceding the filing and
- Irreconcilable differences have caused the irretrievable breakdown of the marriage.
It’s worth noting that Illinois doesn’t care who messed up. It’s ditched the whole blame game—it’s what lawyers call a “no-fault” state. The only thing that matters is that your marriage isn’t working anymore.
Want to file? Here’s what you’ll need to do:
Ensure you or your spouse has lived in Illinois for at least 90 days. Head to your county courthouse with your divorce petition. Ensure your spouse gets served with the papers (legally, they need to know you’re filing). Then, either work out the details together or duke it out in court over things like who gets what and where the kids will live.
Remember: The court will not approve anything until you have figured out all the details about property, money, and custody arrangements if you have kids.
